Colorado Criminal Defense Blog

The practical effects of Colorado’s marijuana legalization measures have been controversial for some time now. Though a certain amount of marijuana possession, growing and use is legal in-state, these choices remain criminal under federal law. In addition, employers are not required to honor their employees’ choices to use marijuana and stoned driving remains a concern for road safety advocates. The Colorado legislature recently responded to this last controversial concern by passing a stoned driving limit.

As a result of this new bill, drivers may be brought up on a marijuana-related charge if they drive with a blood level exceeding four nanograms of tetrahydrocannabinol (THC) per milliliter. Five nanograms or more now exceeds the legal limit. When drivers exceed this legal limit, they may face convictions for driving under the influence (DUI) just as they would if their blood alcohol content (BAC) exceeded the legal limit of .08.

The criminal justice system seeks to balance the rights of those who have been convicted of illegal activity with the interests of public safety. For the past several years, sex offender registries have attempted to serve these purposes with regards to a certain population. On the one hand is the public, who wants to be informed about potential threats to their communities. On the other hand are individuals convicted of sex offenses who have served their time and desire to live as privately as possible. The result is registries that hopefully share only absolutely essential private information about former offenders with the public.

Unfortunately, not all registries are as private as they should be. And the branding that these registries place on former offenders can alter their lives forever. Once individuals are forced to register, it can affect their abilities to secure employment, housing, education and to live their lives generally as private, well-meaning citizens.

April has been designated Sexual Assault Awareness Month. This designation serves to promote public education on the subject of sexual assault. This information is critical for both victims and those who may find themselves charged with this crime. The criminal justice system functions on the principle of predictability. By understanding the charge and its consequences, individuals can choose to avoid behavior that meets this definition. By becoming educated about sexual assault, the wider public can better understand what this crime entails and how to avoid engaging in it.

Sexual assault educators, victim advocates and criminal justice advocates often wear teal ribbons to show support for Sexual Assault Awareness Month each April. Some are concerned primarily with preventing this act from occurring, while others are primarily concerned with the rights of victims, perpetrators and those accused of committing this act. Sexual assault affects every person that the act and accusations related to the act touches.

According to a recent ruling handed down by the Colorado Court of Appeals, employers can legally fire private or public employees for marijuana use either on or off the clock. Since the legalization of both medical and restricted recreational use, marijuana-related charges are levied against Coloradoans less and less often. Only possession and cultivation of marijuana beyond legally prescribed limits can generally result in criminal charges. However, other consequences of use continue to be of concern for Colorado residents.

The court reasoned that because the federal government still forbids possession and use of marijuana that Colorado employees are not protected against employee retaliation directed at marijuana use. In general, when federal law and state law conflict, federal law always trumps state law. Of course, that is a difficult argument to understand in the case of Colorado's marijuana laws given that all legalization provisions are upheld within state borders despite conflicts with federal law related to use of this particular drug.

Drunkenness is a relative state. Some individuals become intoxicated more quickly than others, while some sober up more promptly. As alcohol metabolizes in the bloodstream after one has stopped drinking, the individual's blood alcohol content (BAC) becomes less concentrated over time. This phenomenon often frustrates law enforcement, who seek to confirm a suspected drunk driver's illegal BAC before it metabolizes to a level below the legal limit of .08.

However, this frustration is not grounds for blood draws without a warrant, says the Supreme Court. The Court recently ruled on this contentious issue in favor of the rights of those accused over the desire of law enforcement to make DUI charges stick in related cases. Ultimately, taking blood from a suspect without a warrant justified only by metabolic concerns constitutes an unlawful search and seizure under the Fourth Amendment.

The fiscal crisis of 2008 widely informed criminal justice sentencing reform at the state level over the past several years. As legislators faced budgets in increasing need of number crunching, the majority of states took action to reduce their prison populations and related costs through sentencing reform. However, those facing criminal charges at the federal level have not largely benefitted from this trend.

Shrinking budgets forced state lawmakers to gain perspective into the criminal justice system many of them had previously ignored or been unaware of. Studies indicating that lengthy incarceration terms and mandatory minimum sentencing do little for society but eat up tax dollars were studied, considered and acted upon. Finally, federal lawmakers are considering these issues in turn.

A University of Colorado student allegedly offered to sell another student a prescription pill for $5 while on the Boulder campus. Both students have since been arrested and are facing felony drug charges.

The student claimed to have been selling the pill was 23-years old, and the student that supposedly purchased the pill was 21-years old. The pill was reportedly a stimulant that is used in the treatment of attention deficit disorder, and apparently some students use such medications as a way to stay awake while studying. 

Earlier this month, we noted that Colorado lawmakers are considering an expansion of the state's criminal DNA database. In addition to collecting samples from individuals convicted of felonies, Colorado may opt to collect samples from individuals convicted of misdemeanors. Many civil liberties experts believe that such a measure would infringe too greatly on the privacy of low-level offenders. And unfortunately, the next step Colorado could seek to take would be to obtain samples from individuals who have been arrested but not yet convicted of any crime.

This critical criminal defense issue is currently being considered by the Supreme Court. Though the Court supports measures designed to aid law enforcement in executing their duties effectively, the Court is also charged with upholding the protections that the Constitution provides.